Food Origin Marking in the European Union: Not a Piece of Cake

Abstract

This article analyses the EU origin marking regime for food products, beginning with an overview of the international trade rules overseeing the entire matter, as well as the general principles of EU food law. The author then points out that the EU origin marking regime for food products has both specific mandatory origin marking regimes applicable to certain food products, as well as a general origin marking statute provided for by Articles 26(2)(a) and 26(3) of the EU Regulation no. 1169/2011 on food information to consumers. Such latter provision requires an implementing act which has been long-awaited and it was recently adopted in the wake of the proliferation of national measures. In particular, the IR no. 2018/775 has eventually provided guidelines on the origin labelling of the primary ingredient of a food product. The author then concludes that the interpretation and application of the above-mentioned set of rules requires a case-by-case analysis and further guidance from the EU Commission to solve all the open interpretation issues.